COUNTY OF ALBEMARLE
Abandonment of unused right-of-way of Shelton Mill Road (Route 683)
Request for the Board of Supervisors to approve a
resolution abandoning the public right-of-way for
the old alignment of Shelton Mill Road (Route 683).
Messrs.: Tucker, Foley, Graham, Benish, Wade
LEGAL REVIEW: Yes
June 13, 2007
ACTION: X INFORMATION:
Mr. and Mrs. Jeffrey and Tammie Shifflett have requested that the County abandon an old right-of-way on Shelton Mill Road (Route 683) (see Attachment A). Virginia Code § 33.1-164 authorizes the Board of Supervisors to adopt a resolution declaring an old road not in the secondary system to be abandoned when it has been altered and a new road which serves the same citizens is constructed. When Shelton Mill Road was realigned to eliminate a sharp curve (see Attachment B), the old right-of-way was never abandoned by the County. After exhaustive research, staff could not determine when the road was realigned and improvements were made, and could find no evidence of the Board taking action to abandon this road. VDOT could find no evidence of making improvements to or abandoning this road since they took it into the secondary system in 1932 as a prescriptive right-of-way. If the old road is abandoned, the ownership of the underlying property remains with the Vieilles. The right-of-way proposed for abandonment is adjacent to property owned by Mr. and Mrs. Jean and Catherine Vieille. Mr. and Mrs. Shifflett would like to purchase the 2.824 acre area proposed for abandonment from the Vieilles to construct a home (Attachment C is an aerial of the Vieilles property-outlined in red). Without this additional land, the Shiffletts will not meet set back requirements for a home site.
1.0 Enhance Quality of Life for all Citizens
The current alignment of Shelton Mill Road has been in use for many years by the public. When this new alignment was completed many years ago it served the same purpose and properties as the old alignment. Staff has not been able to identify any other public use or purpose for the old right-of-way. Although a public hearing is not required under Virginia Code § 33.1-164, the Board of Supervisors may receive comments from the public. Staff mailed a notice to each adjacent property owner along Shelton Mill Road notifying them of the proposed abandonment. Staff received one comment requesting that the old right-of-way be converted to a pedestrian trail. This request was forwarded for comment to Pat Mullaney, Director of the Department of Parks and Recreation. Mr. Mullaney did not recommend that the right-of-way become a County Parks and Recreation facility “because of [its] limited length and accessibility outside of the immediate area.”
There is no budget impact to the County associated with this request.
Staff recommends that the Board adopt the attached resolution (Attachment D) abandoning the public right-of-way for the old alignment of Shelton Mill Road (Route 683).